Parallel Paths that Need to Cross? - EU Readmission Deals and Constitutional Allocation of Powers
Mc Manus, Alberto Coddou
Author
aut
Text
xx#
2020
Verfassungsblog
2020-09-29
eng
The questions raised by the use of soft deals - and soft law more generally - in the Area of Freedom Security and Justice (‘AFSJ’) are numerous and complex. This post focusses on the justification behind the use of soft deals in the field of readmission, in order to develop two reflections: First, in a legal system founded on the rule of law, recourse to soft deals to elude constitutional constraints is questionable tout court. And secondly, if certain constitutional constraints can arguably be side-lined through the use of soft deals, in the name of flexibility and speed, others must necessarily remain operative and frame the conduct of EU institutions. In the author’s view, at least those Treaty principles that govern EU institutional action independently on the legally binding nature of its outcome remain relevant. Among these, a prominent role in framing the use of soft deals can be attributed to the principle of institutional balance, enshrined in Art. 13(2) TEU.
CC BY-SA 4.0
Mc Manus, Alberto Coddou
readmission
Soft Law
342
https://verfassungsblog.de/parallel-paths-that-need-to-cross/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20200929-100443-0
200929
10.17176/20200929-100443-0
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